SECOND PART: APPLICATION FORM IN WORD
(appointments to be made at HRC26 in June 2014)
Working Group on Arbitrary Detention [HRC res. 24/7]
member from Asia-Pacific States
How to start the application process:
- The application process has been split into 2 parts, the first part is a Webbased survey and the second part is an application form in word which can be
downloaded, completed and returned by email. Both parts and all sections of
the application form should be filled in for the application to be processed.
The first part, i.e. the Web-based survey is used to collect information for
statistical purposes such as personal data (i.e. name, gender, nationality),
contact details, mandate/s applying for and nominating entity. The webbased survey should only be completed once, i.e. multiple selection
allowed to indicate if the candidate is applying for more than one mandates.
This is the second part, i.e. of the application form in Word which can be
downloaded, completed and saved in word format and then submitted as an
attachment by email. Information provided in this form, includes a motivation
letter of maximum 600 words, will be used as received to prepare the public
list of candidates who applied for each vacancy and will be made available to
concerned parties, including through the OHCHR Internet.
Once completed the application form in Word should be submitted by email to
hrcspecialprocedures@ohchr.org
If the candidate is applying for more than one mandates, an application form
needs to be completed and sent for each mandate.
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A maximum of 3 reference letters can be attached, in pdf format, to the
application sent by email. No additional document is required.
Application Deadline: Wednesday, 30 April 2014 (midnight,
GMT).
Shortlisted candidates will be interviewed at a later stage.
If encountering technical difficulties, you may contact us by email:
hrcspecialprocedures@ohchr.org or fax: + 41 22 917 9011
An acknowledgment will be sent when we receive both parts of the
application process, i.e. the information through the web-based
survey and the application form through email.
1|Page
SECOND PART: APPLICATION FORM IN WORD
(appointments to be made at HRC26 in June 2014)
Working Group on Arbitrary Detention [HRC res. 24/7]
member from Asia-Pacific States
I. PERSONAL DATA
Family Name:
Kim
First Name:
Jong Chul
Maiden name (if any):
Middle name:
Sex:
Male
Female
Date of birth (dd-mm-yy): 31-Jul-71
Place of birth: Suwon
Nationality(please indicate the
nationality that will appear on the public
list of candidates): Republic of Korea
Any other nationality: N.A.
II. MANDATE - SPECIFIC COMPETENCE/QUALIFICATION/KNOWLEDGE
NOTE: Please describe why the candidate’s
competence/qualifications/knowledge is relevant in relation to the
specific mandate:
QUALIFICATIONS (200 words)
Relevant educational
qualifications or equivalent
professional experience in the
field of human rights; good
communication skills (i.e. orally
and in writing) in one of the
official languages of the United
Nations (i.e. Arabic, Chinese,
English, French, Russian,
Spanish.)
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*Academic Training
_Majoring Law_Korean Univ_1997
_Studying Human Right Law_Judicial Research and
Training Center_Supreme Court_2007
*Activities as a human rights lawyers in General
-Founding a public interest lawyers’ organization
called “Advocates for Public Interest Law(APIL)” in
2011.
(Mandates of “Advocates for Public Interest law” are
advocating for vulnerable migrants including migrant
detainees, refugees, victims of human trafficking and
stateless and monitoring Korean companies overseas
in terms of human rights violations)
-Full time lawyer for APIL
-Drafting refugee law including detention related
provisions_2009
(further involvement of the process of passing the
refugee law)
-Chair of Refugee Assistance Network in Korea_from
2010 to 2012
-Chair of Human Rights Department of Korean Bar
Association_from 2011 to 2013
-Currently Chair of Refugee Legal Assistance
Committee under Korean Bar Association_from 2013
SECOND PART: APPLICATION FORM IN WORD
(appointments to be made at HRC26 in June 2014)
Working Group on Arbitrary Detention [HRC res. 24/7]
member from Asia-Pacific States
RELEVANT EXPERTISE (200
words)
Knowledge of international
human rights instruments,
norms and principles. (Please
state how this was acquired).
Knowledge of institutional
mandates related to the United
Nations or other international or
regional organizations’ work in
the area of human rights.
(Please state how this was
acquired).
Proven work experience in the
field of human rights. (Please
state years of experience.
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*Language Skill
-Apart from Korean, having good communication skill
in English orally and in writing
*Visiting Professer_teaching refugee law and UN
human Rights mechanism_at law school_Hankuk
University of Foreign Studies_from 2013 to present
*Academic training of Int'l human rights law
_Studying International Human Rights
Mechanism_International Institute for Human
Rights_Strassbourg_2006
_Studying International Law_Korea Graduate
Univ_2008
*UN Human Right Mechanism Advocacy Experience
-Playing a role of secretariat for Ngos Joint
Submission for UPR and lobbying with Missions in
Geneva.
-Submission of a stake holders’ report on immigration
detention to CERD_2013
-Submission of a stakeholder’s report on detention of
child migrant to CRC_2011
-Filing several individual complaints for asylumseekers in detention
(recent final decision in favor of an asylum-seeker who
has been detained for 4 years)
-Filing Urgent Action Request to Special Procedures
including Woking Group on Arbitrary Detention
-Participating Civil Society Consultation on Treaty
Body Strengthening_2011
-Currently Chair of Refugee Legal Assistance
Committee under Korean Bar Association_from 2013
-Establishment of Int'l Human Rights Special
Committee under Korean Bar Association(KBA) as a
Chair of Human Rights Department of Korean Bar
Association_from 2011
-Establishment of Annual symposium on
implementation of recommendations by UN human
rights bodies cohosted by KBA and Kocun as a Chair
of Human Rights Department of KBA_from 2012
-Chair of Detention Working Group of Asia pacific
Refugee Rights Network_from 2011 to 2012
SECOND PART: APPLICATION FORM IN WORD
(appointments to be made at HRC26 in June 2014)
Working Group on Arbitrary Detention [HRC res. 24/7]
member from Asia-Pacific States
ESTABLISHED COMPETENCE
(200 words)
Nationally, regionally or
internationally recognized
competence related to human
rights. (Please explain how such
competence was acquired).
*Activities as a human rights lawyers on detention
issue
-legal representation for many asylum-seekers in
detention_from 2009 to 2014
(an asylum-seeker from Nigeria was released after 2
year detentiton/an aslyum-seeker from Ghana after 1
year detention, an asylum-seeker from Iran after 4 year
detention and a 5 year old asylum-seeker and her
mother after 20 days detention etc.)
-participation in Ending Child Detention Campaign
initiated by International Detention Coalition
-Constitutional Litigation against Immigration Control
Act which make it possible to detain migrant in
definite
-legal representation for many asylum-seekers in
deportation waiting room(de facto detention cell) in
Airport invocating the Habeas Corpus Act
-providing mental health care services through
probono psychiatrist to prolonged detainees
*Site Visit Investigation to Detention Facilities
-Participation in NHRI’s annual site visit investigation
to immigration detention facilities in Korea_from 2009
to 2013
-Refugee Assistance Committee under Korean Bar
Association_site visit investigation to immigration
detention facilities in Korea_from 2013 to 2014
-Site visit to detention facility in Bangkok airport in
Thailand for assisting an asylum-seeker
4|Page
SECOND PART: APPLICATION FORM IN WORD
(appointments to be made at HRC26 in June 2014)
Working Group on Arbitrary Detention [HRC res. 24/7]
member from Asia-Pacific States
FLEXIBILITY/READINESS AND
AVAILABILITY OF TIME (200
words)
to perform effectively the
functions of the mandate and to
respond to its requirements,
including participating in Human
Rights Council sessions in
Geneva and General Assembly
sessions in New York, travelling
on special procedures visits,
drafting reports and engaging
with a variety of stakeholders.
(Indicate whether candidate can
dedicate an estimated total of
approx. three months per year
to the work of a mandate)
*Desk Research, Report and Presentation
-NHRI funding _on Human Rights Situation of
Refugees and Asylum-Seekers in Korea_2007
-MOJ funding_on Reform of Immigration
detention_2007
-MOJ funding_on Refugee Accommodation Facility
from the perspective international human rights norms
regarding to detention_2008 년
-on Detention of Refugees_Presented at Asia Pacific
Refugee Rights Network Conference_2010
-on Legitimacy of Immigration Detention_presented at
Koran Bar Association_2013
-on Alternative to Detention_presented at a conference
hosted by IDC, Mofa, MOJ_2012
*Site Visit Investigation to Detention Facilities
-Participation in NHRI’s annual site visit investigation
to immigration detention facilities in Korea_from 2009
to 2013
-Refugee Assistance Committee under
KBAssociation_site visit investigation to immigration
detention facilities in Korea_from 2013 to 2014
-Site visit to detention facility in Bangkok airport in
Thailand for assisting an asylum-seeker from Ethiopia
who was forced to deportation after 2 and half months
detentions. ( later was recognized as a refugee and
and resettled to New Zealand)
*Fact finding Mission Experience relating to human
right abuses by Korean Companies ovrseas
-Bangladesh(Chittagong Hill Track, 2009, 2011), India(Odisha_2011), Cambodia(2011),
Indonesia_2012, Uzbekistan(2013)
5|Page
SECOND PART: APPLICATION FORM IN WORD
(appointments to be made at HRC26 in June 2014)
Working Group on Arbitrary Detention [HRC res. 24/7]
member from Asia-Pacific States
III. LANGUAGES (READ / WRITTEN / SPOKEN)
Please indicate all language skills
Languages
Arabic
Chinese
English
French
Russian
Spanish
Mother
tongue:
Korean
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Read
Not
Easily
Easily
Write
Easily
Not
Easily
Speak
Not
Easily
Easily
SECOND PART: APPLICATION FORM IN WORD
(appointments to be made at HRC26 in June 2014)
Working Group on Arbitrary Detention [HRC res. 24/7]
member from Asia-Pacific States
IV. Motivation Letter (600 word limit)
Please refer to the nomination e-mail by Mr. Dirk Hebecker (UNHCR Representative, Seoul,
Republic of Korea) dated 30 April 2014.
Below is the motivation letter for the position by Mr. Kim Jong Chul.
1. My interest in detention issues in general and immigration detention in particular stems from my
experience of working with refugees and victims of trafficking as I often found many of them
being arbitrarily detained in immigration detention facilities. I realized that this practice of arbitrary
immigration detention is one of the biggest loopholes in our judicial system. Even in countries
where people believe the rule of law has been established, immigration detention enjoys total
exemption in its practice and in its legislation while the spirit of habeas corpus develops in a
sophisticated manner in criminal procedures.
2. Some noteworthy cases I have encountered are: an asylum-seeker, who was detained for almost
4 years, was not only deprived of access to mental health care services but also of periodic judicial
review under the relevant immigration law. Such absence of judicial review makes it possible for
migrants to be detained indefinitely. Another asylum-seeker has been detained for 5 months in a
deportation room, which is being managed by airline operators. This given individual was harassed
by private security guards employed by the airline operators and is being fed only chicken burgers.
Lastly, even children under 5, incl. a one-year-old baby, were detained for several months. From
these cases, I find that 1) there is a frequent practice of arbitrary immigration detention 2) many
vulnerable detainees including children, refugees and people with special medical conditions are
not being taken into special considerations, let alone providing alternatives to detention 3) this
treatment is inconsistent with the relevant international norms and standards.
3. With my expertise and knowledge in immigration detention, I believe I have much to offer when
dealing with arbitrary detention cases taking place in different contexts in other countries. In
principle, norms and standards, which have been developed around criminal detention, should
apply to all other detentions including immigration detention. As concerns regarding national
security heightened after 9/11, immigration detention and detention at airports in particular became
increasingly more problematic in many countries in terms of their compliance with international
norms and standards. Again, my experience in immigration detention will help the WG on
Arbitrary Detention to carry out its mandates.
4. Moreover, in terms of accomplishing the mandates of the WG on Arbitrary Detention with
discretion, objectivity and independence, my past experiences as a human rights lawyer as follows
will be helpful:
1) academic training in human rights law, particularly international human rights law, 2) desk
research on conditions of legitimacy of immigration detention and refugee accommodation facility,
3) legislative activities incl. drafting the bill in regard to the refugee law and human trafficking law,
4) legal representation for many detainees to various level administrative courts, Habeas Corpus
7|Page
SECOND PART: APPLICATION FORM IN WORD
(appointments to be made at HRC26 in June 2014)
Working Group on Arbitrary Detention [HRC res. 24/7]
member from Asia-Pacific States
courts, the Constitutional Court, 5) annual site visit investigation to immigration detention facilities
with National Human Rights Commission of Korea. 6) fact finding missions to many developing
countries, 7) investigating cases, visiting other countries, reporting, cooperating and engaging in
constructive dialogue with stakeholders, coordinating with other UN human rights bodies and, 8)
public interest lawyering as a founder of non-profit human rights lawyers’ organization.
5. In conclusion, what motivated me to apply for the position is the expectation that through
working as a WGAD mandate holder, I would be able to closely communicate with people who are
deprived of their liberties, intervene in a timely manner for remedies to be secured for victims,
identify protection gaps in countries, strategically reform detention practices, and create guidelines
to fill the gaps.
8|Page
SECOND PART: APPLICATION FORM IN WORD
(appointments to be made at HRC26 in June 2014)
Working Group on Arbitrary Detention [HRC res. 24/7]
member from Asia-Pacific States
V. EDUCATIONAL RECORD
NOTE: Please list the candidate’s academic qualifications: (university
level and higher)
Name of degree and name of academic
institution
Years of
Attendance
Place and
Country
Bachelor of Law (LL.B), Korea University
1990-1997
Seoul, Republic of
Korea
Judicial Research and Training Center (JRTI), Supreme
Court of Korea
2005-2007
Goyang-si, Republic
of Korea
Graduate School of Korea University School of Law
9|Page
2006-Present
Seoul, Republic of
Korea
SECOND PART: APPLICATION FORM IN WORD
(appointments to be made at HRC26 in June 2014)
Working Group on Arbitrary Detention [HRC res. 24/7]
member from Asia-Pacific States
VI. EMPLOYMENT RECORD
NOTE: Please briefly list ALL RELEVANT professional positions held,
beginning with the most recent one:
Name of Employer
Functional Title
Main functions of position
Years of
Attendance/
Work
Place
and
Country
Law Firm Somyoung/Attorney at Law/Litigation
2007-2010
Seoul/RoK
Advocates for Public Interest Law (APIL)/Executive Director
2011-present
Seoul/RoK
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SECOND PART: APPLICATION FORM IN WORD
(appointments to be made at HRC26 in June 2014)
Working Group on Arbitrary Detention [HRC res. 24/7]
member from Asia-Pacific States
VII. COMPLIANCE WITH ETHICS AND INTEGRITY PROVISIONS (of
Council Resolution 5/1)
1. To your knowledge, does the candidate have any official, professional,
personal, or financial relationships that might cause him/her to limit the extent
of their inquiries, to limit disclosure, or to weaken or slant findings in any way?
If yes, please explain.
No.
2. Are there any factors that could either directly or indirectly influence,
pressure, threaten, or otherwise affect the candidate’s ability to act
independently in discharging his/her mandate? If yes, please explain:
No. (One 'factor' that should be mentioned is that as a citizen of the Republic of Korea, by virtue
of his country's law, he may be limited in traveling to the North of the Korean peninsula, DPR
Korea. Under current law, he would have to ask his government for a special permission which, in
the case of persons traveling on behalf of the UN or HRC should not pose a major problem.)
3. Is there any reason, currently or in that past, that could call into question
the candidate’s moral authority and credibility or does the candidate hold any
views or opinions that could prejudice the manner in which she/he discharges
his mandate? If yes, please explain:
No.
4. Does the candidate comply with the provisions in paragraph 44 and 46 of
the Annex to Human Rights Council resolution 5/1?
Para. 44: The principle of non-accumulation of human rights functions at
a time shall be respected.
Para. 46: Individuals holding decision-making positions in Government
or in any other organization or entity which may give rise to a conflict of
11 | P a g e
SECOND PART: APPLICATION FORM IN WORD
(appointments to be made at HRC26 in June 2014)
Working Group on Arbitrary Detention [HRC res. 24/7]
member from Asia-Pacific States
interest with the responsibilities inherent to the mandate shall be
excluded. Mandate-holders will act in their personal capacity
Yes. (In case Mr. Kim is selected to hold a HRC SP mandate, he will re-consider his role as a
national/international human rights defender and executive director of the NGO APIL .)
12 | P a g e
SECOND PART: APPLICATION FORM IN WORD
(appointments to be made at HRC26 in June 2014)
Working Group on Arbitrary Detention [HRC res. 24/7]
member from Asia-Pacific States
5. Should the candidate be appointed as a mandate holder, he/she will have to
take measures to comply with paragraphs 44 and 46 of the Annex to Council
resolution 5/1. In the event that the current occupation or activity, even if
unpaid, of the candidate may give rise to a conflict of interest (e.g. if a
candidate holds a decision-making position in Government) and/or there is an
accumulation of human rights functions (e.g. as a member of another human
rights mechanism at the international, regional or national level), necessary
measures could include relinquishing positions, occupations or activities. If
applicable, please indicate the measures the candidate will take.
As indicated above, in case of appointment, Mr. Kim will consider laying down his roles and
functions to comply with paragraphs 44 and 46 of the Annex to HRC resolution 5/1).
You will receive an acknowledgment when we receive both parts of the
application process, i.e. the information through the Web-based application and
the Word application form by email.
Thank you for your interest.
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